DILYERD v. STATE

No. 82-1127.

444 So.2d 577 (1984)

Robert Earl DILYERD, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

February 2, 1984.


Attorney(s) appearing for the Case

James B. Gibson, Public Defender, David A. Henson, Asst. Public Defender, Daytona Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Shawn L. Briese, Asst. Atty. Gen., Daytona Beach, for appellee.


DAUKSCH, Judge.

This is an appeal from a conviction for possession of a controlled substance. Because the trial court erred in denying the motion to suppress the controlled substance we reverse the conviction and order appellant discharged.

The facts as stated by appellant and appellee in their briefs are that a deputy sheriff saw a car, occupied by appellant in the driver's seat and another person next to him, parked on private property owned by a person...

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